General Terms for Drivers

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GENERAL TERMS OF THE LICENSE AGREEMENT FOR A SUPPLIER

These General Terms constitute a legally binding agreement (the "Agreement") between City Drive Services Ltd trading as Taxify ("Taxify") and each passenger transportation providers ("Supplier") governing the use of the Taxify mobile application, website (located at http://www.taxify.eu ("Website") and proprietary software (together the Software).

1. TAXIFY SERVICE

1.1 The Software provides a digital marketplace that allows the Supplier to receive requests from the persons ("Users") interested in using the passenger transportation provided by the Supplier ("Software Services").

1.2 For the purposes of this Agreement, the transportation services provided by the Supplier to Users that are matched through as a result of the services shall be referred to as the "Transportation Services".

1.3 To avoid doubt, Taxify does not provide Transportation Services, which shall be provided by the Supplier as an independent business on their own account to the User.

1.4 Accordingly, the Supplier is entitled to provide passenger transportation services independently to this arrangement, and indeed to utilise similar software services in order to find work, as part of their business on their own account. Indeed, it is the expectation of the parties that that will occur.

1.5 The Supplier agrees to pay a Brokerage Fee in respect of any such Transportation Services in accordance with Clause 9.

1.6 Taxify does not guarantee the submission of requests by the Users and can in no way be considered as a person acting on behalf or in the name of the User. Taxify simply matches the Supplier and Users so that the Supplier can provide Transportation Services to the User.

1.7 By the same token, the Supplier is not obliged to accept any requests from Users and may reject or refuse them without any fine or penalty being applied. That said, Taxify strongly encourages Suppliers to update their profile when they are and are not available to accept such requests.

1.8 Each Transportation Service provided by the Supplier to a User shall constitute a separate agreement between the Supplier and the applicable User, with such agreement coming into place with affect from the time if and when the Supplier agrees to the User’s request for Transportation Services for that User. Taxify simply provides Software Services which facilitates the making of such agreement between the User and the Supplier in accordance with Clause 5.

1.9 The Transportation Services are provided under City Drive Services PHV operator licence number 008955, issued by Transport For London and based in the London borough of Newham, in accordance with Private Hire Vehicles (London) Act 1998.

2. ENTRY INTO THE AGREEMENT

2.1 Prior to downloading and using the Software the Supplier must register an account with Taxify and in doing so the Supplier agrees to be bound by this Agreement. As part of the registration process the Supplier must provide the certain registration information. Taxify may review such registration information and shall determine, in its sole discretion, whether or not to accept the Supplier’s account application.

2.2 Upon successful acceptance of the Supplier’s account application Taxify will provide the Supplier with a personal account accessible via user name and password as chosen by the Supplier which must be used in order to access the Software.

2.3 The user name and password are personal to the Supplier and are not transferable, without the express written consent of Taxify. The user name and password are the methods used by Taxify to identify users of the Software and so are very important. The Supplier is responsible for all information posted on, and use of the Software, by anyone using the Supplier’s user name and password. Any breach of security of a user name and password must be notified to Taxify immediately.

2.4 By clicking the “Sign up” button located at the end of the account application, the Supplier represents and warrants that:

  • 2.4.1 it is according to law entitled to enter into an agreement with Taxify to use the Software Services;

  • 2.4.2 it has carefully studied, fully understands and agrees to be bound by this Agreement, including all the obligations that arise to the Supplier as provided herein;

  • 2.4.3 all the information presented to Taxify by the Supplier is, and shall continue to be, accurate, correct and complete;

  • 2.4.4 it will not authorise other persons to use the Supplier’s account nor transfer or assign it to any other person, without the express written consent of Taxify;

  • 2.4.5 it will not use the Software for unauthorized or unlawful purposes and impair the proper operation of the Software;

  • 2.4.6 it will not copy or distribute the Software or other Taxify content without the prior written permission from Taxify;

  • 2.4.7 it fully agrees with the Privacy Policy of Taxify provided on the Website (http://www.taxify.eu/en-gb/legal/).

2.5 After submitting its account application, the Supplier shall receive an e-mail with additional conditions that must be met in order to use the Software. These conditions may include owning a GPS-supporting mobile device, completing a Software introductory course and other conditions as determined by Taxify. The failure to comply with such requirements and conditions will result in termination of the Agreement and the Supplier’s right to use the Software.

3. SUPPORT

3.1 Full and on time payment of the Brokerage Fees entitle the Supplier to receive support services in relation to usage of the Taxify app from Taxify (on business days from 08:00 – 18:00 GMT+2). The support services consist of in-app messaging for drivers and telephone support. Further details can be found at https://taxify.eu/en-gb/cities/london/. The support services commence on the date of entry into the Agreement and end simultaneously with the termination of the Agreement. Taxify has the right to stop providing the support services in case the Supplier is in delay with any of the payments for more than 5 (five) calendar days.]

4. GRANT OF LICENSE

4.1 Subject to the Supplier’s compliance with this Agreement, Taxify hereby grants the Supplier a non-transferable, non-sublicensable, non-exclusive, revocable licence to access and use the Software Services in accordance with the terms of this Agreement’, Taxify’s terms relating to data privacy and the applicable app-store terms (incorporated into this Agreement by reference).

4.2 All intellectual property rights in the Software, its content and any related documentation existing anywhere in the world belong to Taxify or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without Taxify’s prior written consent.

4.3 All of the copyright and intellectual property rights of the Software, including software code and database are licensed, not sold, to the Supplier, and are owned by Taxify (or its Licensors) and protected by copyright and/or trade secret laws and international treaty provisions. The Supplier does not acquire any rights of ownership to the Software, its content or any related documentation. Taxify reserves all rights in and to the Software, its content and any related documentation except as expressly set out in this Agreement.

5. CONTRACT FOR THE PROVISION OF TRANSPORTATION SERVICES WITH THE USER

5.1 The Supplier agrees that, by accepting a request for Transportation Services with the User, it is entering into an agreement with that User to provide the Transportation Services.

5.2 In order to help facilitate the terms of that agreement in an expedient manner, the Supplier agrees that it will, by accepting the request, be entering into an agreement with the User (the "Supplier Contract"). The terms of each Supplier Contract is set out in the Appendix to this Agreement, and the Supplier is responsible for reading and understanding such Supplier Contract. Under the Supplier Contract, the Supplier, in addition to other obligations, will:

  • 5.2.1 in undertaking the Transportation Services, convey the User from their collection point to their point of destination, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);

  • 5.2.2 provide the Transportation Services in accordance with all laws and regulations applicable in the country where the Supplier is providing Transportation Services via the Software, including, but not limited to, having all required licenses (including driver’s license), permits and other documentation for providing the Transportation Services in such country. The Supplier acknowledges that it is fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services;

  • 5.2.3 at all times when providing the Transportation Services be medically fit to operate a motor vehicle, and shall not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorised third party to accompany the Supplier in the vehicle while providing Transportation Services, provide Transportation Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users or third parties.

  • 5.2.4 provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavour to perform the User’s request in the best interest of the User;

  • 5.2.5 at all times have valid hire and reward insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services; and

  • 5.2.6 provide all equipment and means that are necessary to perform the Transportation Services at its own expense, and shall be responsible for paying all costs it incurs in the course of performing the Transportation Services including, but not limited to, fuel, amortization of the vehicle, etc, save that the User and the Supplier may agree to vary such terms as they see fit.

5.3 The Supplier Contract contains important information about the Supplier’s relationship with the User, including matters related to additional charges, cancellation fees, insurance and other matters. By accepting a request for Transportation Services from a User the Supplier is acknowledging and agreeing that the provision to the User of the Transportation Services by the Supplier is pursuant to Supplier Contract. Taxify is not a party to the Supplier Contract and Taxify shall have no responsibility or liability with respect to the use of Transportation Services or for any acts or omissions by User, including but not limited to delays, non-performance, damage or loss to person or property or otherwise. We have no control over the User. We cannot ensure that a User is who he or she claims to be or that a User will actually complete an arranged request.

5.4 Although Taxify shall not be a party to the Supplier Contract, the Supplier also warrants, represent and agrees for the benefit of Taxify that it shall comply fully with sub-clauses 5.2.1 to

  • 5.2.6 inclusive, and shall indemnify and keep Taxify indemnified in respect of any failure to do so.

6. ACCOUNT PROFILE

The Supplier warrants, represents and agrees that it shall keep its user account profile up-to- date at all times.

7. FARES

7.1 The Supplier is entitled to charge a fare for each instance it has accepted a Transportation Service via the Software and completed the Transportation Service as requested by the User.

7.2 Before accepting a request for Transportation Service, the Supplier will be provided with an estimated fare for the Transportation Service ("Estimate"). The Estimate will also be provided to the User.

7.3 The actual fare will be determined by the Software, having regard to the actual journey time and distance travelled, which amount will be charged to the User ("Fare"). It is therefore possible that the Fare may be more or less than the Estimate.

7.4 Taxify accepts that the User may ask to curtail the journey (for example due to adverse traffic conditions), in which case the Fare will be calculated having regard to the portion of the original journey which was anticipated.

7.5 Taxify does not impose any restrictions on the route taken by the Supplier, albeit the Supplier should note that it has committed to the User to provide the Transportation Service as set out at clause 5.2..

8. PAYMENT OF FARES

8.1 User may pay the Fare for the Transportation Service either directly to the Supplier or via credit card or mobile payment directly via the Software ("Taxify Payment"). If the User opts for Taxify Payment and no technical or other error appears, the Supplier shall not request a separate fare for the journey from the User.

8.2 Taxify shall not be obliged to pay to the Supplier the fee due from the User if the Taxify Payment failed because User’s credit card or mobile payment is cancelled or is unsuccessful for reasons not attributable to Taxify.

9. BROKERAGE FEES

9.1 In exchange for permitting the Supplier to use the Software Services, the Supplier agrees to pay to Taxify a commission fee based on each transaction in which the Supplier provides Transportation Services (the "Brokerage Fee" ) as a result of using the Software Services.

9.2 The amount of the applicable Brokerage Fees is calculated by reference to the methodology ("Brokerage Fee Methodology") set out on Taxify’s driver portal ("Driver Portal") which shall accessible by the Supplier via the Website or the Software by entering its user name and password).

9.3 The Supplier acknowledges that the Brokerage Fee Methodology may change from time to time. Taxify shall send the Supplier a prior notification of each such change. The Supplier’s continued use of the Software after any such change in the Brokerage Fee Methodology shall constitute the Supplier’s consent to such change.

9.4 Taxify is not entitled to any Brokerage Fees for any passenger transportation services provided by the Supplier independently or via another transportation software provider.

10. PAYMENTS OF AMOUNTS DUE BY THE SUPPLIER

10.1 The Supplier shall pay to Taxify the Brokerage Fees and any other fees due to Taxify in respect of each month no later than the 5th day of the following month.

11. TAXIFY PAYMENTS AND PAYMENT OF OUTSTANDING BROKERAGE FEES

11.1 Taxify shall transfer the amounts collected as Taxify Payments (less the applicable Brokerage Fees), which have been credited to Taxify’s bank account in each week, to the bank account of the Supplier no later than the 4th day of the following week.

11.2 In the event that the Supplier disputes the amount of Taxify Payments, Taxify may withhold the disputed amounts until the dispute has been resolved.

11.3 If the amount of any outstanding Brokerage Fees exceed the amount of any Taxify Payments at any time, the Supplier agrees to pay the outstanding amount to Taxify within 7 days of receiving a demand and agrees any such amounts being deducted from any future payments that it may be due by Taxify.

12. FAILURE TO MAKE PAYMENTS BY THE SUPPLIER

12.1 If the Supplier fails to pay any amount due under this Agreement, Taxify shall be entitled (but not obliged) to charge interest on the overdue amount from the due date up to (but excluding) the date of actual payment, after as well as before judgment, at the rate of 4 % per annum above the base rate from time to time of [specified Bank]. Such interest shall accrue on daily basis, be compounded quarterly and be payable on demand.

13. RECEIPTS

13.1 After each completion of a Transportation Service, Taxify shall create a receipt in the name of the Supplier consisting of the route, fare, time and other relevant information of a particular journey.

13.2 The receipt of each ride will be accessible to the Supplier on the Driver Portal. The receipt will also be forwarded the User, with a view to recording the agreement between the User and Supplier in respect of the Transportation Service.

14. PAYMENT REPORTS

Taxify shall make available to the Supplier Taxify Payment reports in the Driver’ Portal. The reports will show the amounts of the Taxify Payments collected in the previous week in respect of the Supplier’s Transportation Services as well as the amounts of the Brokerage Fee withheld by Taxify. The reports will be made available to the Supplier on a weekly basis.

15. IDENTIFICATION OF USERS

15.1 Before rendering Transportation Services, the Supplier shall verify that the service is being actually provided to the User or that the User has expressly confirmed that it allows the passenger to ride under its account.

15.2 If the Supplier has made a mistake in identifying the User, and the Taxify Payment is charged to a person, who has not been provided or has not approved the passenger transportation, Taxify shall reimburse the User for the fee. In such case the Supplier shall not be entitled to receive the fee for passenger transportation from Taxify.

16. USER REVIEWS

16.1 As part of the Software Services, Users may provide feedback on the Supplier in the form of ratings which are then made available to prospective Users as part of Taxify’s matchmaking service. The Supplier should contact Taxify if they have any issues with the ratings that they are provided with.

16.2 In order to help the Supplier maintain good User ratings, Taxify shall provide assistance on the Software Services, as well as guidance on steps that the Supplier may want to consider taking in order to maintain good User feedback. Having said that, it is up to the Supplier to determine how they provide the Transportation Services.

17. DISPUTES

17.1 As Taxify is not a party to the agreement between the User and the Supplier, and accordingly any disputes between the User and Supplier should be resolved directly between such parties.

17.2 If resolution cannot be reached, Taxify may (but is not obliged to) mediate between the parties in relation to any unresolved disputes provided that all relevant parties consent to that.

18. MARKETING COMPENSATION

18.1 Taxify may, at its sole discretion, occasionally arrange various campaigns in order to market the Software, whereby the passenger transportation fare paid by the User is reduced (e.g. in case the User pays by using the Taxify Payment option). In such case Taxify shall pay the Supplier compensation, such compensation shall be a 10% increase of an equivalent net fare should the User have utilised a competitor. Such compensation shall be paid to the Supplier in the next remittance cycle. Taxify may set off the marketing compensation against the Brokerage Fee payable by the Supplier to Taxify.

19. LIABILITY

19.1 The Software, its content and functionality, is provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, Taxify and its Affiliates exclude all warranties, express or implied, with respect to the Software, its content and functionality. Taxify and its Affiliates do not represent, warrant or guarantee that access to Software will be uninterrupted or error free. As the usage of Software for requesting passenger transportation services depends on the behaviour of Users, Taxify and its Affiliate do not guarantee that using the Software by the Supplier will result in any passenger transportation requests. Taxify is not liable for the proper functioning of the Software and any loss or damage that may occur to the Supplier as a result. The Supplier acknowledges and agree that the Software may be used by the Supplier to schedule transportation services but that Taxify has no responsibility or liability to the Supplier related to any transportation services other than as expressly set out in this Agreement.

19.2 To the maximum extent permitted under the applicable law, Taxify and/or any of its Affiliates, representatives, directors and employees are not liable for any loss or damage that the Supplier may incur under or in connection with the Agreement or as a result of using the Software, including but not limited to:

  • 19.2.1 any direct or indirect property damage or monetary loss;

  • 19.2.2 loss of profit or anticipated savings;

  • 19.2.3 loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;

  • 19.2.4 loss or inaccuracy of data; and

  • 19.2.5 any other type of indirect or consequential loss or damage.

19.3 Taxify will strive to remove unwelcomed users of the Software. However, Taxify and/or any of its Affiliates are not liable for the actions or non-actions of the Users or their co-passengers using the Software and shall not be liable for any loss or damage that may occur to the Supplier as a result of actions or non-actions of the Users or their co-passengers.

19.4 The Supplier is fully liable for breach of the Agreement and/or any other applicable laws or regulations and shall stop and remedy such breach immediately after receipt of a respective demand from Taxify or any state or other authority.

19.5 The Supplier is fully liable and shall indemnify, hold harmless and keep fully and effectively indemnified Taxify and its Affiliates, and its and their respective representatives, directors and employees on demand from any claims, liability, losses, damages, claims for account of profits, penalties, fines, costs and expenses of any nature relating to or arising out of or in connection with the Supplier’s use of the Software and provision of passenger transportation services, including (a) the Supplier’s breach of the Agreement or the documents incorporated by reference; (b) the Supplier’s violation of any law or the rights of a third party, including, without limitation, Users, other motorists, and pedestrians, as a result of the Supplier’s own interaction with such third party; (c) any allegation that any materials that the Supplier submits to Taxify or transmit through the Software infringe or otherwise violate the rights including intellectual property rights of any third party; (d) the Supplier’s ownership, use or operation of a motor vehicle or passenger vehicle, including the provision of transportation Services; and/or (e) any other activities in connection with the provision of transportation Services.

19.6 The Supplier is obliged to comply with all tax obligations it may incur in relation to fulfilling its obligations arising from this Agreement or providing passenger transportation services via the Software. The Supplier shall indemnify Taxify and/or its Affiliates from all tax liabilities, duties, levies, claims and penalties that it incurs as a result of its failure to comply with its tax obligations (including, but not limited to, failure to pay income tax, social security tax or any wage tax).

20. RELATIONSHIP BETWEEN SUPPLIER, TAXIFY AND THE USERS

20.1 The Supplier hereby acknowledges and agrees that Taxify does not provide Transportation Services, and that Taxify is not a transportation service provider.

20.2 The Transportation Services are provided by the Supplier as a business on their own account, and accordingly shall not be regarded as an employee or worker or Taxify in respect of the services provided.

20.3 In undertaking a business on their own account, it is acknowledged and agreed that the Supplier shall have determine in their absolute discretion:

  • 20.3.1 if and when they utilise the Software Services; and

  • 20.3.2 if, when and where they provide the Transportation Services.

20.4 The Supplier shall be fully responsible for and shall indemnify Taxify for and in respect of:

  • 20.4.1 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Transportation Services and/or the Supplier’s use of the Software, where the recovery is not prohibited by law. The Supplier shall further indemnify Taxify against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Taxify in connection with or in consequence of any such liability, deduction, contribution, assessment or claim; and

  • 20.4.2 any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Supplier against Taxify arising out of or in connection with the provision of the Transportation Services and/or the Supplier’s use of the Software.

20.5 Nothing in this Agreement, or in any additional Taxify terms and conditions, shall prevent the Supplier from providing passenger transportation services on its own accord or via an alternative transportation software provider provided that such activity does not cause a breach of any of the Supplier’s obligations under this Agreement.

21. PROCESSING OF PERSONAL DATA

21.1 Taxify collects personal data such as names, addresses, telephone numbers, e-mail addresses and location based information only with the permission of the data subject and only for the purpose necessary to enable the intended functioning of the Software and the communication.

21.2 The Supplier shall process the personal data only in accordance with the Privacy Policy of Taxify available at the Website (http://www.taxify.eu/en-gb/legal/).

21.3 The Supplier shall not process the personal data of the Users without the permission of Taxify. The Supplier shall not contact any User or collect, record, store, grant access, use or cross-use the personal data provided by the Users or made accessible by the Software for any reason other than for the purposes of fulfilling the service request ordered via the Software.

21.4 Taxify is the chief processor which processes personal data of the Users and the Supplier. The Supplier is an authorised processor which processes personal data at the request of Taxify. The procedure, manner of and conditions for processing personal data are provided at the Website (http://www.taxify.eu/en-gb/legal/).

22. TERM AND TERMINATION

22.1 The Agreement is effective upon the Supplier’s creation of a user account.

22.2 The Supplier may terminate the Agreement at any time by notifying Taxify in writing at least 7 (seven) days in advance.

22.3 Taxify may terminate the Agreement at any time and for any reason at the sole discretion of the Taxify by notifying the Supplier at least 3 (three) days in advance.

22.4 Taxify is entitled to immediately terminate the Agreement and block Supplier’s access to Software without giving any advance notice in case of breach of the Agreement and/or any applicable laws or regulations by the Supplier. In case the Supplier has violated the terms of the Agreement and/or any applicable laws or regulations, Taxify may at its own discretion prohibit such Supplier from registering a new account or take other necessary steps to stop such person from providing passenger transportation service via the Software.

22.5 The parties recognise that whilst the provision of passenger transportation services is solely the business of the Supplier, the level of service provided by the Supplier to a User sourced via Taxify’s software will inevitably reflect on both the Supplier and Taxify. In order to maintain its the integrity and reputation, Taxify monitors the activity of Suppliers using its Software system. Whilst the Supplier is in business on its own account, if the Supplier provides poor service brought to light by User complaints or a low User rating, and such standards would, in the reasonable opinion of Taxify, bring Taxify and/or its Software into disrepute, Taxify is entitled to immediately terminate the Agreement without giving any advance notice.

22.6 Upon termination of this Agreement for any reason all rights granted to the Supplier under this Agreement shall cease, the Supplier must cease all activities authorised by this Agreement, and the Supplier must delete or remove the Software from the Supplier’s device. Sections 4.2, 4.3, 9, 10, 11, 14 and 16 of these General Terms shall survive any termination of expiry of the Agreement.

23. AMENDMENTS

23.1 Taxify has the sole right to make changes to any of the documents forming part of the Agreement. Any changes to the Agreement shall enter into force after they have been made available to the Supplier and the Supplier has continued to use the Software, unless prescribed otherwise.

23.2 In order to amend these General Terms, Taxify shall post a revised version of them on the Website (http://taxify.eu/en-gb/legal/) and give the Supplier at least 14 (fourteen) days prior notice.

If the Supplier continues to use to Software, it shall be deemed to have accepted the revised conditions.

24. APPLICABLE LAW AND COURT JURISDICTION

24.1 The Agreement shall be governed by, and construed and enforced in accordance with the laws of England and Wales.

24.2 Any dispute that may arise in connection with this Agreement, whether with respect to its existence, validity, interpretation, performance, breach, termination or otherwise, shall be settled by way of negotiations. If the respective dispute resulting from this Agreement could not be settled by the negotiations, then the dispute will be finally solved in the courts of England.

25. CONTACT INFORMATION

25.1 The Supplier is obligated to immediately notify Taxify of any changes of the Supplier’s contact information and the Supplier guarantees to keep the contact information accurate and up to date.

25.2 The contact information of Taxify is available at the Website.

26. FINAL PROVISIONS

26.1 Supplier agrees that in specific cities or countries Taxify may assign any of its obligations arising from the Agreement to an entity that is directly or indirectly under the control of Taxify ("Affiliate").

26.2 If any provision of the Agreement is held to be unenforceable, the parties shall substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision. The failure or delay by either party to enforce any term of the Agreement shall not be deemed a waiver of such term.

26.3 The Supplier may not assign the Agreement or any of its rights or obligations there under, if not provided otherwise by the Agreement.

26.4 Any notice required to be given under this Agreement shall be sufficiently given if: (i) delivered personally, (ii) sent by courier with proof of delivery, (iii) sent by registered mail, (iv) sent by e- mail with reception acknowledge or (v) sent via the ’Driver’ Portal. Any notice which is sent or despatched in accordance with this clause 16.3 shall be deemed to have been received: (i) if delivered personally, at the time of delivery to the party; (ii) if delivered by courier, on the date stated by the courier as being the date on which the envelope containing the notice was delivered to the party; (iii) if sent by registered mail, on the 10th day after handing the document over to the post office for delivery to the party; (iv) if sent via the ’Driver’ Portal, or (v) if sent by e-mail, on the day the party receiving the e-mail confirms receiving the respective e-mail or on the 2nd day following the dispatch of the e-mail provided that the sender has not received an error notice (notifying that the e-mail was not delivered to the party) and has sent the e-mail again on the next calendar day and has not received a similar error notice.

UK General Terms for a SUPPLIER, date of entry into force: 5 th September 2017

City Drive Services Ltd trading as Taxify

Appendix

These terms and conditions constitute a legally binding agreement (the "Supplier Contract") between persons ("Users") who book vehicular transport ("Transportation Services") and participating providers of the Transportation Services ("Suppliers") via the Taxify mobile application, website (located at https://www.taxify.eu) and proprietary software (together the "Taxify Platform"). The Taxify Platform enables Users to compare, select from and/or reserve vehicular transportation ("Bookings") directly from and with a variety of participating Suppliers.

Taxify does not accept Bookings or act as an agent of or on behalf of Suppliers but rather provides a platform to facilitate Bookings directly between Users and Suppliers. USERS AND SUPPLIERS HEREBY ACKNOWLEDGE THAT TAXIFY DOES NOT PROVIDE TRANSPORTATION SERVICES OR OTHERWISE OPERATE AS A PROVIDER OF VEHICULAR TRANSPORTATION, AND TAXIFY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROVISION OF TRANSPORTATION SERVICES OR FOR ANY ACTS OR OMISSIONS BY THE SUPPLIER (INCLUDING, FOR THE AVOIDANCE OF DOUBT, THE DRIVERS PROVIDING THE TRANSPORTATION SERVICE ON BEHALF OF ANY SUCH SUPPLIER (COLLECTIVELY, THE “DRIVERS”)), INCLUDING BUT NOT LIMITED TO DELAYS, NON-PERFORMANCE, DAMAGE OR LOSS TO PERSON OR PROPERTY OR OTHERWISE.

The Transportation Services are provided under City Drive Services PHV operator licence number 008955, issued by Transport For London and based in the London borough of Newham, in accordance with Private Hire Vehicles (London) Act 1998.

Where Transportation Services are provided by a Supplier the User is entering into a contract with the Supplier on the terms of this Supplier Contract.

The Supplier will:

  • in undertaking the Transportation Services, convey the User from their collection point to their point of destination, subject to appropriate unforeseen circumstances (such as a mechanical breakdown);
  • provide the Transportation Services in accordance with all laws and regulations applicable in the country where the Supplier is providing Transportation Services, including, but not limited to, having all required licenses (including driver’s license), permits and other documentation for providing the Transportation Services in such country. The Supplier acknowledges that it is fully liable for any violation of any local or international laws and regulations as may arise from providing Transportation Services;
  • at all times when providing the Transportation Services, be, or shall ensure that the Drivers are, medically fit to operate a motor vehicle, and shall, and shall ensure that Drivers shall, not engage in reckless behaviour while driving, drive unsafely, operate a vehicle that is unsafe to drive, permit an unauthorised third party to accompany the Supplier and/or Dirver in the vehicle while providing Transportation Services, provide Transportation Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users or third parties;
  • provide the Transportation Services in a professional manner in accordance with the business ethics applicable to providing passenger transportation and endeavour to perform the User’s request in the best interest of the User;
  • at all times have, and ensure that the Driver has, valid car insurance, liability insurance (if applicable) and any other insurance that is required in the applicable jurisdiction for providing passenger transportation services; and
  • provide all equipment and means that are necessary to perform the Transportation Services at its own expense, and shall be responsible for paying all costs it incurs in the course of performing the Transportation Services including, but not limited to, fuel, amortization of the vehicle, etc.

The Supplier and the User agree that any changes or cancellations to a Booking must be made in accordance with the terms set out on the Taxify Platform and the terms set out on the Taxify Platform shall govern in relation to any no-show by the User and any refunds or reimbursements which may become due to the User.

The User agrees that:

  • the Supplier is entitled to charge a fare for each instance it has accepted a Transportation Service via the Taxify Platform and completed the Transportation Service as requested by the User.
  • the actual fare (the "Fare") will be determined by the Taxify Platform, having regard to the actual journey time and distance travelled, and the User agrees to pay such Fare.
  • the User may pay the Fare either (i) directly to the Supplier, or (ii) via credit card or mobile payment directly via the Taxify Platform, in which case (provided that no technical or other error appears in the Taxify Platform in respect of such payment), the Supplier shall not request a separate fare for the journey from the User.

The Supplier shall indemnify, hold harmless and keep fully and effectively indemnified Taxify and its affiliates, and its and their respective representatives, directors and employees (the "Taxify Group") on demand from and against any costs, losses, damages, costs, actions, proceedings, claims, demands, awards, fines, orders, liabilities and expenses (including legal and other professional fees and expenses) (together "Costs") arising out of or in connection with a claim of any kind against the Taxify Group in relation to or in connection with the Supplier Contract by the User.

The User shall indemnify, hold harmless and keep fully and effectively indemnified the Taxify Group on demand from any Costs arising out of or in connection with a claims of any kind against the Taxify Group in relation to or in connection with the Supplier Contract by the Supplier.

The User and the Supplier agree that any disputes between the User and Supplier should be resolved directly between such parties. However, if resolution cannot be reached between the User and the Supplier, Taxify may (but is not obliged to) mediate between the parties in relation to any unresolved disputes provided that all relevant parties consent to that.

The Supplier Contract shall be governed by, and construed and enforced in accordance with the laws of England and Wales.